HomeMy WebLinkAbout3555II
Southold ou r oa ppeats
MAIN ROAD- S?ATI:' ROAD Z5 SOUTHO/D, /.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3555
Application Dated September ]], ]986
TO: Environment East, Inc. for SHIRLEY HOMAN
3075 Indian Neck Lane
Peconic, NY 11958
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on 0ct0ber ]0, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III , Section ]00-3], 8u]k Schedule
[ ] Request for
Application of SHIRLEY HOMAN f6r a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition to dwell-
ing with an insufficient rearyard setback, at 160 Smith Drive, Peconic,
NY; District 1000, Section 98, Block 3, Lot 38.
WHEREAS, a public hearing was held and concluded on October 2,
1986 in the Matter of the Application of SHIRLEY HOMAN under Appeal
No. 3555; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
W~EREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is known and referred to as Lot
#3, Indian Neck Park, Subdivision Map dated May 27, 1913, County
Filed Map No. 551, and is more particularly identified on the
Suffolk County Tax Maps as District 1000, Section 98, Block 3,
Lot 38.
2. The subject premises is located in the "A" Residential
and Agricultural Zoning District and is improved with the follow-
ing structures: (a) one single-family dwelling set back 40 feet
from the front property line along "Private Road," 36½ feet from
the northerly side line and 39± feet from the rear (westerly)
property line; (b) accessory garage structure, 20' by 26 feet;
(c) accessory 10' by 16' shed.
3. The subject premises contains a total area of 10,623±
(CONTINUED ON PAGE TWO)
DATED: October 10, 1986.
Fo~ ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appeal No. 3555
Matter of SHIRLEY HOMAN
Decision Rendered October 10,
1986
square feet and has a lot width of 100 feet and average lot
depth of 106 feet.
4. By this application, appellant requests permission
construct an addition at the northerly end of the existing
dwelling structure with a setback of not less than 25 feet
from the rear property line and 20'6" from the northerly
side property line.
to
5. Article III, Section lO0-31, Bulk Schedule of the Zoning
Code requires a minimum rearyard setback of a principal dwelling
structure to be 35 feet. A variance is requested of 10 feet, or
29% of the requirements.
6. For the record it is noted that a Building Permit under
No. 15084Z was issued on July 11, 1986, and a stop order was
served on September 9, 1986, for this addition.
7. It is the opinion of the board that the reduction from
35 feet to 25 feet for the proposed 16' wide addition is not
substantial in relation to the requirements and will be within
the spirit of the zoning ordinance.
In considering this appeal, the board also finds and deter-
mines: (a) that the relief requested is not substantial in
relation to the requirements; (b) there will be no substantial
change in the character of the district; (c) the circumstances
are unique; (d) there is no other method for appellant to pursue
other than a variance, particularly in view of the size of this
parcel; (e) the variance will not in turn cause a substantial
effect of increased population density or be adverse to the safety,
health, welfare, comfort, convenience, or order of the town;
(f) there will be no substantial detriment to adjoining proper-
ties; (g) that in view of the manner in which the difficulties
arose and in view of the above factors, the interests of justice
will best be served by granting the variance, as conditionally
noted below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, that the relief requested under Appeal No. 3555
in the Matter of the Application of SHIRLEY HOMAN to reduce
the rearyard setback from 35 feet to 25 feet for a proposed
16' wide addition, as shown on sketched survey submitted
with the application, BE AND HEREBY IS APPROVED SUBJECT TO
THE FOLLOWING CONDITIONS:
1. The northerly sideyard setback be maintained at
20'6", as exists;
2. The rearyard setback shall be a minimum of 25 feet.
Vote of
Douglass and
absent.) Thi
lk
the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki. (Member Doyen of Fishers Island was
s resolution was duly adopted.
GERARD P. GOEHRINGER, C~[AIR'MAN
October 22, 1986
CEIVED AND FILED BY
~t~E SOUiHOLD TOWN CLERK
DATE/'~/~ HOUR
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, So~thold,~NY at a Regular
Meeting commencing at 7':30 p.m. on ~HURSDAY,_z_~OCTO. B~R~2~ 1986
and as follows:
7:35 p.m. AppEal No. 3559 LEONARDUS AND MARIE'VANOUDEN-
ALLEN. Variance to the Zoning Ordinance, Article III, Section
lO0-31 for permission to construct addition to'~we'lling with
an insufficient frontyard setback, at 230 Sailor's Lane,
Cutchogue, NY; District lO00, Section lll, Block 1-4~ Lot 07.
7:40 p.m. Appeal No. 3555- SHIRLEY HOMAN. Variance to
the Zoning Ordinancer, Article III, Section 100-31 for permission
to construct addition to dwelling with an insufficient rearyard
setback, at 160 Smith Drive, Peconic, NY; District 1000,
Section 98, Block 3, Lot 38.
7:45 p.m. Appeal No. 2554 NORMAN~AND KAREN REICH.
Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to construct dwelling with an insufficient rear-
yard setback, at 1809 Right-of-Way off the East Side of Rocky
Point Road, East Marion, NY; Distric~ lO00, Section 31, Block 3,
Part of Lot lO; Kimo~ and qetzos Minor Subdivision #81, Lot #2.
7:50 p.m. Appeal No. 2547 - JOSEPH AND CATHERINE RIEMER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule for approval of 'insufficient lot area, width and
depth of two parcels ~now~'~nd referred to as Lots #96, 97, 98
and half of 99 at Peconic Bay Estates, Map #1124, and identified
on the County Tax Maps as District 1000, Section 53, Block 4,
Lot 32.
7:55 p.m. Appeal No. 3503 GEORGE D. DAMIEN. Variance
requesting confirmation of Building Inspector's actions and
prior Z.B.A. Decision Rendered unde~ Appeal No. 949 of 9/1/66,
recognizing two separate buildihg 16ts, ha~ing insufficient
area, width and depth as required b~'~r~'i~l~ III, Section
100-31, Bulk Schedulg of the Zoning Code. Location of Property:
Corners of Jackson, Fifth and Main Streets, New Suffolk, NY;
County Tax Map District 1000, Section 17, Block 9, Lot 12.
Page 2 Notice of Hearings
Regular Meeting - October 2, 1986
Southold Town Board of Appeals
8:00 p.m. Appeal No. 3484 - PHILIP AND ELLEN BELbOMO.
Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C)
for permission to construct addition at rear of dwelling with an
insufficient setback from wetlands along Great Pond, at 7455
Soundview Avenue, Southold, NY; County Tax Map District 1000,
Section 59, Block 6, Lot 8.
8:05 p.m. Appeal No. 3552 ~ JOHNiSENKO. Variance to the
Zoning Ordinance, Article VII, Secti.on 100-70, and Article VI,
Section 100-62(B), for permission to establish shopping cienter
use in this "B-l" General Business Zoning District with
insufficient lot area at 49295 Main Road (a/k/a Ackerly Piond
Lane), Southold, NY; County Tax Map District lO00, Secti!on 702
Block 07, Lot O1, containing 30~084± sq. ft.
8:10 p.m. Appeal No. 3553 - EUGENE BOZZO. Varianlces
to the Zoning Ordinance, ArtiCles: (1) XI, Section 100i-119.2
for permission to construct dwelling with an insufficienti setback
from wetlands/tidal water along Gre~t Peconic Bay; (2)
Section 100-32 to relocate accessory garage buil. ding in t!he
frontyard area; (3) III, Section 100~31, Bulk Schedule,! to
construct with lot coverage of all structures-in excess
maximum-permitted 20 percent.- Location of Property: Soulth
Side of Camp Mineola Road, Mattituck~ County Tax Map Disitrict
1000, Section 123,'Block 6, Lot 27.
8:15 p.m. Appeal No. 3557 - ROBERT EGAN. Variances
to the Zoning Ordinance~ Articles:. (1) III, Section 100~-31
to reconstruct dwelling with insufficient total sideyards~,
insufficient (northwesterly) side yard, and insufficient
front-yard; (2) XI, Section 100-119.2(B) fpr permissionl
to construct addition and reconstruct dwelling within 75
feet of tidal wetlands along Spring Pond,'Orient Harbor.
Location of Property: '330 Knoll Circle, East Marion, NY;
"Map of Section Two~ Gardiners Bay Estates," Subdivision
Lots 27 and part of 28; County Tax Map District 1000,
Section 37, Block 5, Lot 12.
Page 3 Notice of Hearings
Regular Meeting - October 2, 1986
Southold Town Board of Appeals
8:25 p.m. Appl. No. 3487-SE - CHURCH OF THE OPEN DOOR.
Special Exception to the Zoning Ordinance, Article III, Section
100-30(B)[2] for permission to construct and establish House of
Worship with related religious activities on a five-acre tract
of land referred to as Lot #3, Minor Subdivision of Salvatore
Catapano, which received Sketch-Plan Approval 4/14/86 by the
Town-Planning Board. Location of Property: -West Side of Main
Bayview Road, Southold, NY~ County Tax Map District 1000,
Section 69, Block 6, Part of Lots 8 and 2. (Current-Owners:
S. and J. Catapano).
8:45 p.m. Appeal No. 3560 - EDMUND AND JOAN PRESSLER.
~ppeal from Building Inspector Notice ~f Disapproval dated 1/2/86
and ZBA Action #3463 dated 5/6/86, and Variance to the Zoning
Ordinance, Article VII, Section 100-71, Bulk Schedule and
Article VII, Section lO0-70(A)[1](d) for permission-to estab-
lish a second retail/business use in conjunction with existing
nonconforming two-family dwelling and antique-sales business
use on this parcel of 68,912 sq. ft. in area and'95.44 ft.
lot width. Location of Property: "B-l" General Business
Zoning District, Nor%h Side of Main Road, Southold, NY; County
Tax Map Parcel No. 1000-63-3-26.
The Board of Appeals will hear at said time and place al
persons or representatives desiring to be heard in each of the
above hearings. Written comments may also be submitted prior to
the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: September II, 1986.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowa]ski, Board Secretary
ATTENTION NEWSPAPERS: Please publish~ THURSDAY, SEPTEMBER 25, 1986
and forward II affidavits of publication On.or before Sept. 30th
to: Board of Appeals, Main Road, Southold, NY 11971.
0~
I'M
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOINN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date,.
for pemit to .. ~ ................................. at
~cation of Property .~ ~ ..... ~ ~ ...........
I~ N~ ......... Street Hamlet
Subdiv~ion ................. F~ed ~ap No ................. Lot No ..................
Building Inspector
RV 1/80
-Town OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~k~O~-~
DATE .~L'.~.,O. ~ 6. ............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Enviror~et~t East, lrtc, f6z- of..R~.~3. ~..0.~. I~di~g. ~9.~...~G~ ...............
- :I~ '(We) ~$.~e.y..~o~a~ ...... ;; ....................................................
~ame of ~ppe~a~t :Street ~d N~
· .~2.~.~.~.~ ................................................................................. ~ ................ H~REBY APPEAL TO
Munic~ality State
THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING ~NSPECTOR ON
APPLICATION FOR PERMIT NO....~..~..0..~...~..: .................. DATED ...~;.!.~..Z.Z,~...~9.~..~.. ..................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
.~.3.. ~ 0.ZS...i ~dia~ ..~e =~ · La. nd.,... ~ o,o n.Lc,...~Z..~.9..~8 ....................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PeEnit to Build additio~ to o~e fs~ily dwelii~g
1. LOCATION OF THE PROPERTY 16.0 S~h'Dz,, Pegop~c Re~,de~,.~,.~,,~, ...............
Street Use District on Zoning Map
Su~.f,_.g~...#...lOOO,~)~8.G~-g~$ ................
lv~ep No Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPF_ALED (indicate the Article Section, Sub-
section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
~T
~tical i~ Seot~o~ ]oo.33
3. TYPE OF APPEAL Appeal is made herewith for
(~) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A prewous appeaJ (~) (has not) been made with respect to this decision
of the Building inspector or with respect to this property.
Such GgoeaJ was ( t reauest for a special Dermit
( ) request for a variance
aha was made in Appea No ................................. Dated ......................................................................
( )
(X)
~ )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that the proposed addition is the or~l~ practical
way of providiag the additimual liviog space aeeded, considering the
existing Eloo_~ plan a~d the present location of surrou~uding s~ructures
(Continue on other side)
REASON FOR APPEAL Conti.nued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHrP Secauset~he ~rea shown aa the p~a~ is ~e orz~ ~a~Zo~ ~
area tha¢ the addition could be made The ~ ~' '~
spae~ ief~ Vacan~ by exis~i~ s~uczu~ss and p~ovides a finished
offset of 2~: to ~t]e rear lot line amd~ .... ~-~
40~ to the frost whzze s~zzl
ho!8~ 20~ to the aor~h sz~'= ~z~ The lot is undersized -~b~aE
only 10~500 squaPe feet.
2. The hardship created is UNIQUE and is not shared by oil properties ~iike in the immediate
vicin,ty o.f this property and in this use district because of its size, £he existia~
dwe!lzng be~ o~ty ~O0~q. f~. the ~eed fo~ more iigi~g sp~ce i~
essential. The expansion area ~equired is best accomodaOed by the
a~dztzo~ as planned ~''
re~ai~ ~he s~e. ~ ~nis will allow p~king a~d activity am~as to
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE TIlE
CHARACTER OF THE DISTRICT because many bo~ s :La ~-z~ v.~cl~i~y are already
closer 1:o rear and side yard lines tha~ present ~odes allow, such
is the ~re of so many ' ~'
communizes that were developed prior to
present zoning laws.
STATE OF NEW YORK
) ss
COUNTY OF )
Sworn to this .............. ?.{ .........................
da~ of ......... ~ ............................... '[9~''~
Notar. Public